IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5796 of 2009()
1. LALU, S/O.JACOB
... Petitioner
2. DEEPU, S/O.GOPINATHAN
Vs
1. CIRCLE INSPECTOR OF POLICE
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.A.C.DEVASIA
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5796 OF 2009
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Dated this the 12th day of October, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are accused Nos.1 and 2 in
Crime No.497 of 2009 of Kattappana Police Station.
2. The offences alleged against the petitioners are under
Sections 450, 376(g) and 323 read with Section 34 of the Indian
Penal Code.
3. The prosecution case is that on 25.8.2009, the accused
persons who were engaged in cutting trees in the neighbouring
compound, forcibly entered into the house of the de facto
complainant and committed the offence. The de facto complainant is
a house wife. She was discharged from the hospital a few days
before the date of incident. Her husband had gone for work after
taking meals. At that time, the accused persons entered into the
house and committed the offence. The victim was also beaten up.
B.A. NO. 5796 OF 2009
:: 2 ::
4. The petitioners were arrested on 26.8.2009 and they are in
judicial custody.
5. The petitioners filed B.A.No.5334 of 2009 under Section
439 of the Code of Criminal Procedure. That Bail Application was
dismissed by me by the order dated 23.9.2009. This Bail Application
is filed on 1.10.2009, after a lapse of seven days. I do not think that
the petitioners are justified in moving this Bail Application within a
short time after the dismissal of the earlier Bail Application. The
investigation is in progress. I do not think that the petitioners can be
released on bail at this stage.
The Bail Application is accordingly dismissed with liberty to
move for bail afresh after a period of two weeks.
(K.T.SANKARAN)
Judge
ahz/